TRADEMARK LAW IN CANADA
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
25.04.2016
Accepted:
04.05.2016
Published:
04.05.2016
Language:
Russian
Keywords:
Civil law, intellectual property, comparative law, Canada, trademark, certification mark, distinguishing guise, remedies, goodwill, license, quality control.
Abstract (English):
In the present article the author reviews the contents of sources of the trademark law in Canada, which include not only statutes and regulations, but also case law and doctrine. The author touches upon such core issues in legal regulation, as the notion of trademark and its types (certification mark and distinguishing guise), peculiarities of their legal protection, legal implications of trademark registration or absence thereof, as well as of actual use or non-use of the mark. The author analyses legal standpoints elaborated in practice, such as the doctrine of functionality and quality control during trademark licensing. The author also reviews correlation of rights to the trademark itself and to the goodwill attached thereto.
In the present article the author reviews the contents of sources of the trademark law in Canada, which include not only statutes and regulations, but also case law and doctrine. The author touches upon such core issues in legal regulation, as the notion of trademark and its types (certification mark and distinguishing guise), peculiarities of their legal protection, legal implications of trademark registration or absence thereof, as well as of actual use or non-use of the mark. The author analyses legal standpoints elaborated in practice, such as the doctrine of functionality and quality control during trademark licensing. The author also reviews correlation of rights to the trademark itself and to the goodwill attached thereto.
Keywords:
Civil law, intellectual property, comparative law, Canada, trademark, certification mark, distinguishing guise, remedies, goodwill, license, quality control.
Civil law, intellectual property, comparative law, Canada, trademark, certification mark, distinguishing guise, remedies, goodwill, license, quality control.
1. Ballagh M. Loss of Trade-Mark Rights: Loss of Distinctiveness. The HLA Journal. 2011. October.
2. Calboli I. The Sunset of “Quality Control” in Modern Trademark Licensing. American University Law Review. 2007. Vol. 57. Iss. 2.
3. Kuhn P., Slocum J. Losing a Trademark under Naked Licensing Law. World Trademark Review. 2013. June/July.
4. Petrich K. Quality Control in Trademark Licensing: How Much Is Too Much?. The Licensing Journal. 2014. Vol. 34. No. 9.
5. Wilkof N. Trademark Licensing: the Once and Future Narrative. Research Handbook on Intellectual Property Licensing / ed. by J. de Werra. Cheltenham, 2013.
